NOPR Community:http://nopr.niscair.res.in/handle/123456789/45
Sat, 09 Dec 2017 13:46:54 GMT2017-12-09T13:46:54ZLegal Dynamics of Intellectual Property Relating To Nuclear Innovationshttp://nopr.niscair.res.in/handle/123456789/43057
Title: Legal Dynamics of Intellectual Property Relating To Nuclear Innovations
Authors: Sapatnekar, Amol M; Nemane, Vivek V
Abstract: The objective of Civil Nuclear Co-operation Agreements is not only to facilitate bilateral co-operation between the two countries but also posit India as a key player in the civil applications of nuclear energy. Civil nuclear industry and companies are likely to capitalize this opportunity by pitching in with their technological inventions that are heavily scrutinized through intellectual property rights regime; particularly ‘patents’. Civil Nuclear Co-operation Agreements does not alter India’s strategic nuclear program; nevertheless it triggers critical questions with respect to various constraints on inventions in the area of atomic energy as enshrined in the provisions of Indian Patents Act, 1970. Owing to the concerns of dual-use technologies suitable for both civil and armed forces purposes, the rationale of ‘national security’ has been effectuated through the inter-linking provisions in the Patents Act, 1970 and the Atomic Energy Act, 1962. This has an impact on scientific and technological innovations. This paper investigates constraints on atomic energy inventions <em>vis-à-vis</em> the ‘national security filters’ engrafted in the provisions of Indian Patents Act, 1970. The increasing scope of civil application of nuclear energy on one hand and the lag in pace of legal mechanism that is patent protection, to cope up with fast-paced innovations, makes present study not only crucial but also imperative from both academic and industrial perspective. Based on the comparative review of legal stances adopted by selective regimes, this paper attempts to conceive a balanced approach to deal with the issue in Indian Patent Law.
Page(s): 177-187Sat, 01 Jul 2017 00:00:00 GMThttp://nopr.niscair.res.in/handle/123456789/430572017-07-01T00:00:00ZUnitary Patent Protection, Unified Patent Court, Supplementary Protection Certificate and Brexithttp://nopr.niscair.res.in/handle/123456789/43056
Title: Unitary Patent Protection, Unified Patent Court, Supplementary Protection Certificate and Brexit
Authors: Joshi, Omkar; Roy, Archna; Janodia, Manthan
Abstract: New development in terms of Unitary Patent Protection (UPP) system in Europe is anticipated by the end of the year 2017. This article reviews the advantage of UPP over European Patent system (EPS). In addition, the upcoming Unified Patent Court (UPC) system allows parties to litigate in a single forum which would be time saving and cost effective. In this article we have tried to briefly summarize the structure of UPC. There are certain areas like Supplementary Protection Certificate (SPCs) relating to pharmaceutical products which may be significantly impacted by UPP and UPC. We have tried to weigh the implications of the new system on SPC and also provide some possible solutions. Lastly, Britain&rsquo;s exit from European Union, popularly referred to as Brexit, may pose some challenges to the UPC and UPP and might adversely affect the fundamental purpose of a single patent system in Europe.
Page(s): 188-199Sat, 01 Jul 2017 00:00:00 GMThttp://nopr.niscair.res.in/handle/123456789/430562017-07-01T00:00:00ZImpact of Intellectual Property Rights on International Trade: Evidence from Indiahttp://nopr.niscair.res.in/handle/123456789/43055
Title: Impact of Intellectual Property Rights on International Trade: Evidence from India
Authors: Raizada, Gagandeep; Dhillon, Sharanjit Singh
Abstract: This paper analyzed the effect of intellectual property rights (IPR) on Indian trade by employing Johansen&rsquo;s Co-integration test, VECM and Granger Causality approach. Annual time series data on variables viz. trade, patents, copyrights, trademark for Indian economy, stemming from 1996-97 to 2013-14 have been used in analysis. The empirical result shows that there exists significant long run relationship between Indian trade and export as well as import of patent related commodities It also suggests that all the series are found to be co-integrated of order one. It means export as well as import of patent related commodities are significantly contributing towards Indian trade. The short run Vector Error Correction Model (VECM) reveals that Indian Trade (LNTRADE) respond significantly to re-establish the equilibrium relationship whenever there is any disturbance in the system in long run. Further Granger causality test exhibits that there exists unidirectional causality running from Indian trade to export and import of patent related commodities, export of trademark related commodities whereas causality runs from export and import of copyright related commodities to Indian trade.
Page(s): 200-210Sat, 01 Jul 2017 00:00:00 GMThttp://nopr.niscair.res.in/handle/123456789/430552017-07-01T00:00:00ZCommercialization and Renewal Aspects of Patent Management in Indian Pharmaceutical Industryhttp://nopr.niscair.res.in/handle/123456789/43054
Title: Commercialization and Renewal Aspects of Patent Management in Indian Pharmaceutical Industry
Authors: Krishna, Vinita; Jain, Sudhir K; Chugh, Archana
Abstract: Research on pharmaceuticals has mainly focused on the needs of developed countries while the scenario in developing countries is unclear. This industry is knowledge-intensive and unusually sensitive to intellectual property rights (IPRs). Patents play very important role in their business and this entails good management practices by the firms from various aspects of patent management. Two dimensions <em>viz.</em> commercialization of patents and renewal of patents are studied in this paper. There is dearth of in-depth research studies on these dimensions of patent management in India. A random sample of 300 granted pharmaceutical patents for patent renewal and another sample of 300 patents selected through purposive sampling for patent commercialization have been drawn from the population of granted pharmaceutical patents by the Indian Patent Office between 2005-06 and 2013-14. The information on working of patents has been taken from Form-27 submitted by the patent assignees of the selected patents. Some of the main findings are: a weak but positive and significant correlation between patent renewal & commercialization, blocking motive is the top most barrier to commercialization, direct contact with the partners is the chief mode of commercialization, no potential for technology is the main reason for non-renewal of patents, and enhancement of reputation is the main reason for renewal.
Page(s): 211-223Sat, 01 Jul 2017 00:00:00 GMThttp://nopr.niscair.res.in/handle/123456789/430542017-07-01T00:00:00Z